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Antitrust Merger Reviews in the Time of COVID-19: How the Pandemic Is (and Is Not) Affecting Process and Timing

The global COVID-19 pandemic has changed how merger enforcement regimes around the world are currently reviewing proposed transactions. Two weeks into the new environment, we now have a body of experience from which to assess how merger reviews are...By: Dechert LLP
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Dechert LLP | Apr 01,2020 |

Effects of COVID-19 on Private Equity

Private equity, like virtually every market and industry, has been affected by the coronavirus pandemic and, like many other markets and industries, the total effect of the pandemic remains unknown....By: Ballard Spahr LLP
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Ballard Spahr LLP | Apr 01,2020 |

New York State Exempts Municipal Construction From Blanket Ban, But Calls For Avoidance of Non-Essential Projects

The Empire State Development Corporation (“ESDC”) issued guidance over the weekend clarifying the status of local government construction work, including municipalities and school districts....By: Hodgson Russ LLP
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Hodgson Russ LLP | Apr 01,2020 |

Much of New York Construction is Now Also “on PAUSE”

Although Governor Cuomo put “New York State on PAUSE” a week ago, at that time, “construction” was not specifically exempted from his Executive Order and the Empire State Development’s (ESD) guidance on what businesses were subject to the 100%...By: Robinson+Cole Construction Law Zone
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COVID-19 Updates: MAC Clauses

Invoking MAC Clauses During the Pandemic - Although Material Adverse Change (“MAC”) clauses are quite prevalent in loan and financing documents, there is very little case law in Maryland dealing with the successful or unsuccessful enforcement of...By: Rosenberg Martin Greenberg LLP
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Massachusetts Governor Files Bill and Issues Executive Order to Ease Permitting Process During COVID-19

Massachusetts continues to expand its response to the novel coronavirus ("COVID-19"), by taking additional steps to ease the burden on the Commonwealth’s developers, businesses, local municipalities, and residents. As the full impact of the economic...By: Sullivan & Worcester
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Sullivan & Worcester | Apr 01,2020 |

COVID-19 Update: What Construction Activity Is Permitted in DC, Maryland, and Virginia?

On March 12, 2020, Virginia joined Maryland and the District of Columbia in declaring a state of emergency in connection with the rising number of confirmed coronavirus diagnoses in the DC Metro area. Since then, both state governments and the...By: Cohen Seglias Pallas Greenhall & Furman PC
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CFIUS Requirements Expanded Under New Regulations; President Orders Yet Another CFIUS Divestiture

CFIUS has adopted a series of new amendments to its regulations that significantly expand its jurisdiction in the M&A process. In addition, President Trump has ordered another divestiture of a Chinese acquisition of a U.S. company under CFIUS...By: Williams Mullen
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Williams Mullen | Mar 31,2020 |

Arbitrated Merger Disputes: Worth the Tradeoffs?

The U.S. Department of Justice (DOJ) recently prevailed in its challenge of Novelis’ proposed merger with Aleris Corporation. The challenge involved a first-of-its kind use of arbitration under the Administrative Dispute Resolution Act of 1996, 5...By: Perkins Coie
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Perkins Coie | Mar 31,2020 |

COVID-19 M&A Closing Considerations

Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change (MAC) under acquisition...By: Foley Hoag LLP
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Foley Hoag LLP | Mar 31,2020 |
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